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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 32.020 PRESENTATION OF CASES.
   Each case before the Board or Hearing Officer shall be presented by an attorney selected by the City; a code enforcement officer for the city; or by a member of the City’s administrative staff. The City Attorney may either be counsel to the Board or Hearing Officer, or may present cases before the Board or Hearing Officer, but shall in no case serve in both capacities.
(Ord. O-2016-019, passed 9-26-2016)
§ 32.021 APPEALS; FINAL JUDGEMENT.
   (A)   An appeal from a final order of the Board or Hearing Officer following a hearing conducted may be made to the Campbell District Court within 30 days of the date the final order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure.
   (B)   If no appeal from a final order following a hearing is filed within the time period set in subsection (A) above, the final order shall be deemed final for all purposes.
(1995 Code, § 2.18.050) (Ord. O-99-19, passed 12-13-1999; Am. Ord. O-2016-019, passed 9-26-2016)
§ 32.022 ORDINANCE FINE SCHEDULE.
   Violations of ordinances that are enforced by the Board or an appointed Hearing Officer shall be subject to the civil fine schedule set forth in § 32.026 hereof.
(Ord. O-2016-019, passed 9-26-2016)
§ 32.023 LIENS; FINES, CHARGES AND FEES.
   (A)   The City shall possess a lien on property owned by the person found by a final order or by a final judgment of the court, to have committed a violation of a code provision or city ordinance. The lien shall be for all civil fines assessed for the violation and for all charges and fees incurred by the City in connection with the enforcement, including abatement costs. An affidavit of the code enforcement officer shall constitute prima facie evidence of the amount of the lien and regularity of the proceedings pursuant to KRS 65.8801 to 65.8839.
   (B)   The lien shall be recorded in the office of the Campbell County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest as allowed by law until paid. The lien shall continue for 10 years following the date of the final order or final court judgment.
   (C)   The lien shall take precedence over all other liens, except state, county, school board, and City taxes, and may be enforced by judicial proceedings, including a foreclosure action.
   (D)   In addition to the remedy prescribed in subsection (A), the person found to have committed the violation shall be personally responsible for the amount of all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the City in connection with the enforcement of the ordinance. The City may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt and shall be entitled to recover cost and attorney fees.
(1995 Code, § 2.18.060) (Ord. O-99-19, passed 12-13-1999; Am. Ord. O-2016-019, passed 9-26-2016)
§ 32.024 LIENHOLDER NOTIFICATION SYSTEM.
   The City shall obtain and maintain priority over previously filed liens, as provided in this subchapter, in accordance with the following provisions:
   (A)   Individuals and entities, including but not limited to lienholders. may register with the City to receive electronic notification of final orders entered pursuant hereto.
   (B)   In order to receive the notification, the registrant shall submit the following information to the City Clerk:
      (1)   Name;
      (2)   Mailing address;
      (3)   Phone number; and
      (4)   Electronic mailing address.
   (C)   A registrant may use the electronic form provided on the City web site to submit the information required by subsection (B). It shall be the responsibility of the registrant to maintain and update the required contact information with the city. The City shall inform a registrant of any evidence received that the electronic mailing address is invalid or not functional so that the registrant may provide an updated electronic mailing address.
   (D)   Once per month the City shall send electronic mail notification of all final orders entered since the last date of notification to each party so registered. The notification shall provide an electronic link to the city code enforcement database located on the City web site. The database shall include the following information regarding each final order:
      (1)   The name of the person charged with a violation;
      (2)   The physical address of the premises where the violation occurred;
      (3)   The last known mailing address for the owner of the premises where the violation occurred;
      (4)   A copy of the full citation;
      (5)   A full copy of the Final Order; and
      (6)   The status of the final order regarding its ability to be appealed pursuant to the provisions hereof.
   (E)   If an appeal is filed on a final order, the City shall send electronic mail notification to all registrants.
   (F)   Simultaneous with the issuance of a final order, the City shall update its code enforcement database to reflect the issued final order, and shall post the notification required containing an updated link to the code enforcement database on the City web site.
   (G)   The City shall maintain the records created hereunder for 10 years following their issuance.
(Ord. O-2016-019, passed 9-26-2016; Am. Ord. O-2017-011, passed 8-21-2017)
§ 32.025 LIEN ABATEMENT AND PRECEDENCE.
   (A)   A lienholder of record who has registered pursuant hereto may, within 45 days from the date of issuance of the notification:
      (1)   Correct the violation, if it has not already been abated; or
      (2)   Pay all civil fines assessed for the violation, and all charges and fees incurred by the city in connection with enforcement, including abatement costs.
   (B)   The lien shall not take precedence over previously recorded liens if:
      (1)   The City fails to comply with the requirements hereof concerning notification of the final order; or
      (2)   A prior lienholder complied with subsection (A) hereof.
   (C)   A lien that does not take precedence over previously recorded liens under subsection (B) shall, if the final order remains partially unsatisfied. take precedence over all other subsequent liens except liens for state, county, school board and city taxes.
   (D)   The City may record a lien before the 45 day period established in subsection (A) of this section expires. If the lien is fully satisfied prior to the expiration of the 45 day period, the City shall release the lien in the Campbell County Clerk’s office within 15 days of satisfaction.
   (E)   Failure of the City to comply with the provisions hereof, or failure of a lien to take precedence over previously filed liens as provided in subsection (B) shall not limit or restrict any other remedies the City has against the property of the violator.
(Ord. O-2016-019, passed 9-26-2016)
§ 32.026 IMMEDIATE ACTION.
   Nothing herein shall prohibit the City from taking immediate action to remedy a violation of its codes ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.
(Ord. O-2016-019, passed 9-26-2016)
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